Hoverboard retailer won't refund a returned item

ohdannyboyc

Hi all

Purchased a hoverboard (I know, I know!) from iSwegway, received 18/12/15.

Over that weekend, plugged the charger in and connected the board, and straightaway got a very strong chemically/ burning smell. Switched off and unplugged the charger, but the charging coupler wouldn't separate from the board- it was stuck in there. Repacked the item straightaway in all its packaging, with the charging cable still attached.

W/c 21/12, phoned the retailer several times- mostly just cut off after ringing for ages. One time the call was answered, but the promised 'call back from a manager' was never received. Sent email 24/12 to state that I wanted to return the item for a refund.

No response from retailer until 05/01/16, giving details to return it. Courier advised it had been returned 08/01.

19/01- retailer has phoned to say they have received the item , but they will not be giving a refund as the item has been returned 'without the charger and with excessive cosmetic damage'. Asked to speak to a manager- they were 'in another building'. However, they were willing to send a replacement. Hmmmmmmmm...........

Contacted credit card company- they said they will not pursue a claim unless we have the board returned, and have an inspection report carried out.

1- given the lack of confidence in the retailer, how can we be assured of getting the same board back for inspection? Am really regretting not taking any pictures of the item and its serial number now (if it had one)!
2- given the issues with these products, I don't have any confidence in them, and just want a refund, not a replacement.

unholyangel

Try reminding your bank that the default of the position of the law is that faults that occur within the first 6 months are assumed to be inherent and it is for the retailer to prove they don't.

If they still won't budge, ask them for a letter of deadlock so you can refer the matter to the financial ombudsman.

unholyangel

But can I just say wow, if its http://www.iswegway.com/pages/terms-conditions they actually try to disclaim liability for damage to property or life from use of its products.

You can never exclude or limit liability for death or personal injury. Not even manufacturers (with whom you have no contract) can exclude it.

Their T&C's are a minefield. They say their policy complies with the CCRs, then go on to say you have 14 days to cancel starting the day you receive your order. Misleading consumers - 14 days starts the day after you receive your order so their policy does not comply with CCRs and if they don't give you the information by durable medium then your cancellation period is extended and websites are not durable. They also say if goods have been used or damaged, they will not accept the return - against CCRs. They also say refunds can take up to 14 working days (after saying returns can take 28 days to process) - CCRs only gives them 14 calendar days - not working days.

They also say any boards returned faulty after 14 days will incur a £25 inspection fee - despite the law squarely placing the burden of proof on them,

They say incorrect items must be returned within 14 days to qualify for replacement/refund (soga gave a reasonable time, consumer rights act now gives 30 days as standard).

If they fail to deliver, you need to contact them within 30 days to qualify for a refund lol.

It also strangely warns you not to board "in traffic" - which is strange due to them being illegal to use on roads and pavements in the UK - they're only legal on private property with the landowners permission.

I can honestly say I've never seen a more joke/terrible set of T&C's than those. I may have missed it, but I don't even see anywhere that they identify themselves other than "isegway.com" which is not a legal entity. I'm also positive I recognise their address from a previous thread on here a few years back, I'll see if i can find it.

agrinnall

unholyangel wrote: »

I may have missed it, but I don't even see anywhere that they identify themselves other than "isegway.com" which is not a legal entity.

At the bottom of the page it says this:

Copyright © 2016, iSwegway.com/Advance Tech UK Ltd.

bris

unholyangel wrote: »

Try reminding your bank that the default of the position of the law is that faults that occur within the first 6 months are assumed to be inherent and it is for the retailer to prove they don't.

If they still won't budge, ask them for a letter of deadlock so you can refer the matter to the financial ombudsman.

Why, the CC co are perfectly entitled to get proof before having to refund as you well know. The retailer claims excessive damage, the onus is now on the OP to prove otherwise, the cost of getting this proof is claimable as a consequential loss.

unholyangel

agrinnall wrote: »

At the bottom of the page it says this:

Copyright © 2016, iSwegway.com/Advance Tech UK Ltd.

Advance Tec Ltd are registered at that address, but Advance Tech UK Ltd are registered at a different address.

unholyangel

bris wrote: »

Why, the CC co are perfectly entitled to get proof before having to refund as you well know. The retailer claims excessive damage, the onus is now on the OP to prove otherwise, the cost of getting this proof is claimable as a consequential loss.

From what OP said, the retailer said it there was excessive cosmetic damage - and a missing charger. Saying there is damage is not the same as saying whats the cause of the damage or that the damage is incompatible with the lack of conformity.

For example if the costmetic damage is scorch marks.